Award No. 9670 Docket No. CL-11833

NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

THE WESTERN MARYLAND RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

(a) The Carrier violated the current Clerks' Agreement at Port Covington, Baltimore, Maryland, when on Saturday, August 2, 1958, it used Pier Foreman James Wright, who was regularly assigned 8:00 A. M. to 5:00 P. M., on Monday through Friday, on his rest day to provide vacation relief on position of Pier Foreman in preference to extra Gang Foreman, L. H. Stevens; and,

(b) That L. H. Stevens shall now be allowed one day's pay at the pro rata rate for August 2, 1958.

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the Carrier and the Employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein;

That the dispute was certified to the Third Division of the Adjustment Board ex parts by the complainant party; and

That hearing thereon was waived by the parties and under date of November 14, 1960, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case from further consideration by the Division, which request is hereby granted.

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